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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-28-2012, 12:20 PM
Moolight Moolight is offline
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Default Refusal to disclosure

STBX loss his job 6 months after separation for cause, although he has pursure for wrongull dismussal and received a out of court settlement in 2012.

STBX refuse to disclose his settlement negotiated about his termination on the base that it is confidential.

Not only he excludes it from equalization, he is not paying any CS and pursing with a claim of spousal support building a case that he cannot find any employment and declaring 0 as income.

Is there any limitiation that would prevent such disclosure?
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Old 08-29-2012, 01:06 AM
ddol1 ddol1 is offline
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The wrongfull dismissal award is an income replacement plus damages - the income portion at least should considered as income - that is what it is after all???

Perhaps if you have some proof, even an email from your ex denying to disclose - then move to impute income say with the penalty that wrongful dismissal can bring??? Maybe double the standard salary? But he will complain no job now? Here the common thinking is he is still able and capable to work, yes?? Has your ex made any atttempt to work at anything? there is the call to impute to what the person is capable of earning and the period of non employment could be considered a small blip in the big scheme of things..... and CS should see no change.

The above is a stance of no budging at all - if you think this is not fair to the situation and you believe it should be lower then this is what you should consider. It is all in how you think your ex is seriously trying to find work in order to help raise the children you had together. SS?? must be for a valid reason if you were awarded it. If the order haas been released (term??) you do have the option to ask FRO to step in and be your collection agent so you can put your effort and energy into raising the kids, whatever work you can do otherwise enjoy life instead of chasing empty support.
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Old 08-29-2012, 07:41 AM
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Quote:
Originally Posted by Moolight View Post
STBX loss his job 6 months after separation for cause, although he has pursure for wrongull dismussal and received a out of court settlement in 2012.
Why worry about "why" the other parent lost their employment? Are they requesting a change before the court in support payments? If so, they are required under Rule 13 of the Family Law Rules to provide "full and frank" financial disclosure.

Remember, this is "financial disclosure" and not the details of what happened at the employer. Just how much the settlement was. It will have to be claimed on their line 150 of their income taxes. The change in situation would be identified at the yearly income disclosure as required by the Child Support Guide Lines and adjusted at that time in accordance with the other parent's gross income (line 150).

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Originally Posted by Moolight View Post
STBX refuse to disclose his settlement negotiated about his termination on the base that it is confidential.
Has the other parent requested a change to the child support due to the change in circumstances of their employment? If so, if taken on motion they will have to swear, serve and file a Form 13 which is governed by Rule 13 of the Family Law Rules and would have to disclose the financial details in accordance with this Rule for the determination of child support.

You are under no obligation to change CS on their statements and only on cogent and relevant evidence in accordance with Rule 13 and the Child Support Guide lines. Notify them of the Rules and that full and frank financial disclosure is required in order to determine the proper table amounts of child support and until such time this disclosure is made the existing order will stand.

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Originally Posted by Moolight View Post
Not only he excludes it from equalization, he is not paying any CS and pursing with a claim of spousal support building a case that he cannot find any employment and declaring 0 as income.
You cannot claim 0 as income. If the matter is before the courts no sitting judge will buy that someone is making 0$. The other parent's income will more than likely be imputed based on their history of employment.

Quote:
Originally Posted by Moolight View Post
Is there any limitiation that would prevent such disclosure?
If you are before the courts there is really no limitation to what defines in accordance with the Rule 13 of the Family Law Rules for "full and frank financial disclosure". If he is the party requesting "spousal support" then the onus falls on him to establish the evidence that he needs support. Simply saying you have no job and finding no way to support yourself will in my opinion not work with a judge.

Good Luck!
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Old 08-29-2012, 07:42 AM
Moolight Moolight is offline
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Actually, he is the one after me for SS. We have no order for CS or SS. We are on trial list for October.

I just wnts this over and settled, when I though we are close, he keeps coming back with a surprise. I have his lawyer letter denying the disclosure.

It seems that for every disclosure I request he responds with a request of multiple and constesting the ones I provided so I have been making sure that they are all formal and official but that does not seems to stop him to contest. Really, I do not beleive that he will be ever sastified.

He is so obsess that this is his full time job and it is impossible to keep up with him, his tactic is that he is counting on that and will just gave up and I would have if it was reasonnable but he is extreme.
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Old 08-29-2012, 08:10 AM
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We do not have an order for CS, but when he filed the divorce application, he paid suddenly without warning CS in order to be compliant but he adjusted it at his own will to his pay reduced it when he went on UI and stop it completly at his last pay.

He has been a legal bully trying to any possible way to get money from me without caring about the legal cost.

Even though CS is the right of the children, I was not fighting for it as I was trying to reduce the legal fee burden. Since we are heading to trial, yes the CS will be address.

The legal cost and stress of all outweight the benefit of it but I never counted on him to pursue spousal support.

His average salary was over 100k for the last 10yr of employement and although he is trying to demonstrate entitlement, I do not see any. We both work, share responsabilities and supported each other in our career. His salary started lower than mine and was higher than mine for the last 12 years of our mariage.
He is healthy, educated and there is no reason for him to be unemployed but keep saying that he can not find a job thus need SS.
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Old 08-29-2012, 09:58 AM
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He fails the standard "entitlement" check for SS. His career was not sacrificed or yours, or for the children as everything was shared equally.
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Old 09-04-2012, 01:28 AM
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Quote:
Originally Posted by NBDad View Post
He fails the standard "entitlement" check for SS. His career was not sacrificed or yours, or for the children as everything was shared equally.
That would be for compensatory SS, but what about non-compensatory SS?
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Old 09-05-2012, 12:58 AM
Moolight Moolight is offline
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I am hoping that the judge will impute him an income to offset his request.

As much my salary is decent, I never forecasted to pay him SS when I bought him out the MH and become the sole provider for my children. I really do not have anything left at the end and had to reduce my house maintenance to the bare essential and waiting to see my financial situation post trial.

My legal cost are accumulating and now to the point that my monthly cost is higher than my salary. I have already cut down all possible expenses to minimize the debt and being creative in taking advantage of all credit options.

Really, the children are even feeling that they have to prolong the life of their clothes to the maximum and do not dare ask for anything that is not essentiasl.
Can't wait till this is over.

Although he has been out of job for 2 years, he still maintains the same life style and decreased his amount of debt and does not contribute for any child support or s7. pls note that there was never any order.

He is trying to present his case as he did sacrifice his carreer to support mine. My position is that was not the case but I am not sure what type of evidence the Judge expect for this.


If not settled this month, a trial is scheculed for next month,I will let you know the outcome.
  #9  
Old 09-05-2012, 01:16 PM
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arabian arabian is offline
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If your lawyer does things correctly he will most likely be imputed income - that's what they do with people who are underemployed on purpose. 10 yrs of income information will probably sink him in his efforts to get SS from you.

He would have to show that he didn't work to stay home with the kids.

In my opinion he's pissing against the wind. Lawyer feeding him false hope. Waste of money.
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